Soldiers Council gives three different stories

M

macgrinch

PEB Forum Regular Member
Registered Member
Hello,
I am asking here about if my attorney has been going around and around with me about my case and changes his story every time I talk to him who I can contact either above him or instead of him. I had adjustment disorder on my case after reqesting a formal hearing and finally got the Memo and my peblo sent up for a formal date which I heard will take anywhere from 1-2 weeks to get the date and 1-3 months to go up to fort Lewis .

any help would be aprreciated
 
he is civ. I have a case where I have a condition which has been rated at 0% due to them saying I had the condition 6080 homo hemonopsia *spelling* with the code and everything then in the description they rated me for a visual acuity problem but said my acuity was normal ... DUH 6080 deals with visual fields so I am trying to fight it . When I first met with him he was like ok you have 6080 and they just rated you wrong but inside the 6080 their are many different ways to rate the condition based on severity which has changed. They also are rating me twice for the same condition saying each eye in each rating which I don't know how it works and he doesn't either
 
macgrinch said:
he is civ. I have a case where I have a condition which has been rated at 0% due to them saying I had the condition 6080 homo hemonopsia *spelling* with the code and everything then in the description they rated me for a visual acuity problem but said my acuity was normal ... DUH 6080 deals with visual fields so I am trying to fight it . When I first met with him he was like ok you have 6080 and they just rated you wrong but inside the 6080 their are many different ways to rate the condition based on severity which has changed. They also are rating me twice for the same condition saying each eye in each rating which I don't know how it works and he doesn't either
Click to expand...

Have you done any research in the VARSD, on your own, regarding how your condition should be rated?
 
macgrinch said:
he is civ. I have a case where I have a condition which has been rated at 0% due to them saying I had the condition 6080 homo hemonopsia *spelling* with the code and everything then in the description they rated me for a visual acuity problem but said my acuity was normal ... DUH 6080 deals with visual fields so I am trying to fight it . When I first met with him he was like ok you have 6080 and they just rated you wrong but inside the 6080 their are many different ways to rate the condition based on severity which has changed. They also are rating me twice for the same condition saying each eye in each rating which I don't know how it works and he doesn't either
Click to expand...

I would post up a new thread regarding your condition and what it should be rated...so that other's can weigh in on the subject. If you get some good responses, you can point your attorney in the right direction...because I'm afraid his inconsistency is more that he doesn't know for sure about how it should be rated.
 
yes I have I have it all printed and I know how it should be rated and we have discussed that he pulled it up and
6080 Visual field defects:
Homonymous hemianopsia30
Loss of temporal half of visual field:
Bilateral30
Unilateral10
Or evaluate each affected eye as 20/70 (6/21)
Loss of nasal half of visual field:
Bilateral10
Unilateral10
Or evaluate each affected eye as 20/50 (6/15)
Loss of inferior half of visual field:
Bilateral30
Unilateral10
Or evaluate each affected eye as 20/70 (6/21)
Loss of superior half of visual field:
Bilateral10
Unilateral10
Or evaluate each affected eye as 20/50 (6/15)
Concentric contraction of visual field:
With remaining field of 5 degrees: 1
Bilateral100
Unilateral30
Or evaluate each affected eye as 5/200 (1.5/60)
With remaining field of 6 to 15 degrees:
Bilateral70
Unilateral20
Or evaluate each affected eye as 20/200 (6/60)
With remaining field of 16 to 30 degrees:
Bilateral50
Unilateral10
Or evaluate each affected eye as 20/100 (6/30)
With remaining field of 31 to 45 degrees:
Bilateral30
Unilateral10
Or evaluate each affected eye as 20/70 (6/21)
With remaining field of 46 to 60 degrees:
Bilateral10
Unilateral10
Or evaluate each affected eye as 20/50 (6/15)


The top highlight is what he said but from the doctors reports
my central field is 15 degrees
 
Have you been specifically diagnosed as having Homonymous Hemainopsia? The standard for the MEB/PEB is a Humphrey or Goldmann field test.

The MEB was trying to rate my condition unilaterally (left and right eye separate) in which it comes out to the same percentage rating, however the condition of Homonymous Hemainopsia is considered a failing condition.

Be prepared if to be stressed out if you press the issue however, I received a no driving permanent profile when I did.
 
I have been specific diagnos and the rating are for 6080 Homo Hemonapsia which if they did it unilateraly which the two ratings one for each eye then ya that works out about the same and by failing condition do you mean failing retention if so then I alrady got that and I have a perm no drive profile already and im an 88m truck driver... haha go figure ...

My 199 alrady came back saying 0% rating me for visual acuity in a visual field code so that's why I have to fight
 
I believe from what the doc has told me I am at 15 degrees concentric field of vision which moves me down to having only 15 degreees left bilateral but that changes everything in my case if they change that because there not gonna rate me twice for 15 degree at 70 %
 
also to add they have done multiple visual field tests over the past 9 months showing my vision getting worse
 
Yes, you will have to fight. The standard for unilateral rating is "loss of temporal half of field" OR "evaluate each affective eye" which means they evaluate the eye based upon the remaining visual field and that visual field relates to a rating for visual acuity.

I think they are rating you on the visual acuity and not the actual remaining visual field. In my opinion you should go back to the provider that diagnosed you and get a crystal clear opinion in writing of what your visual field is in each eye and have it written in such a manner that it leaves nothing to interpretation.

The condition of Hemanopsia is considered unfitting based on AR 40-501 if the following standards are met: "of any type if bilateral, permanent, and based on an organic defect. Those due to a functional neurosis and those due to transitory conditions, such as periodic migraine, are not considered to fall below required standards."

This can be found in Chapter 3-16 b. You would also fail retention standards for 3-16 f. If your remaining visual field has a concentric constriction of less than 20 degrees.
 
If you are under the IDES, the rating issue would be via a VA reconsideration unless this is an issue of two eyes being unfitting vice one. Fitness issues you must take to the PEB.

Also, unless you can get your PEB rating to 30% or more or you condition incurred in a combat zone, you might want to settle for the 0%. Under law, your separation pay will be recovered by the VA but only from the amount the VA gives you for the condition that is unfitting. Thus, if you are unfit for a condition(s) that rates 0%, your severance is not recouped but if it is rated 10 or 20% it is recouped. If the condition incurred in a combat zone, the severance will not be recovered.

If the unfitting condition will worsen in time and be rated above 0%, the VA might then start recouping the severance so in the long run it may be better to have the severance recouped in exchange for a lifetime of VA compensation for the condition.

Mike
 
gsfowler I see what your saying cause that is what my attorney also sees but the issue is that your reading it as
6080 Visual field defects:
Homonymous hemianopsia30
Loss of temporal half of visual field:
Bilateral30
Unilateral10
Or evaluate each affected eye as 20/70 (6/21)
Click to expand...

the issue is that their is

temporal -outer vision
nasal - inner vision
inferior -lower vision
supirrior - upper vision

then there are also ratings for concentric contraction loss with degree associated with them
 
Hemianopsia or hemianopia is visual field loss that respects the vertical midline, and usually affects both eyes, but can involve one eye only. Homonymous hemianopsia, or homonymous hemianopia occurs when there is hemianopic visual field loss on the same side of both eyes
Click to expand...
 
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